Categories News & Updates USCIS

USCIS Proposed Fee Increases

USCIS proposed a fee increase for certain immigration services, including applications for naturalization and certain types of visas. The proposed fee increase would affect a wide range of individuals, including those seeking to become naturalized citizens, as well as those applying for nonimmigrant visas such as H-1B, L-1, and E-2 visas. The proposed fee increase would also apply to individuals seeking employment authorization documents and those seeking to renew their green cards.

The text of the proposed rule is now available and is noted at the bottom of this article. There is a variable fee for Form I-129 depending on the type of status sought, such as H-1B, L-1, TN, etc. The I-129 fee increase ranges between 70% – 201%. The current I-129 fee is $460.

According to the USCIS, the proposed fee increase is necessary to “ensure the agency has the resources it needs to maintain processing times, reduce backlogs, and improve its services.” The agency claims that it has not raised fees for many of its services in over a decade and that the proposed increase is necessary to keep pace with the rising costs of providing immigration services.

However, the proposed fee increase has faced widespread opposition from immigrant advocacy groups and some members of Congress. Critics argue that the fee increase would place an undue burden on immigrants and could discourage people from seeking legal immigration status. They also argue that the fee increase is unnecessary, as the USCIS already generates sufficient revenue through fees to cover its costs.

At this time, it is unclear when or if the proposed fee increase will take effect. The USCIS is required to allow for a period of public comment before implementing any changes to its fees. It is possible that the agency will make changes to the proposed fee increase based on the feedback it receives during this period.

In conclusion, the proposed fee increase from the USCIS has generated significant controversy and opposition. While the agency argues that the increase is necessary to maintain its operations, critics argue that it would place an undue burden on immigrants and is unnecessary given the agency’s current fee structure. Procedural rules require that the proposal go through a formal notice-and-comment period that will likely last 60 days, during which time any member of the public may submit feedback.

Here is a link to the proposed rule: https://lnkd.in/eQSvXPGY

Categories News & Updates USCIS

USCIS increases automatic extension period of certain EAD categories

This Temporary Final Rule (TFR) is effective from today, May 4, 2022, and only applies to those EAD categories currently eligible for an automatic 180-day extension. This rule will temporarily provide 360 days of additional automatic extension time for a total of up to 540 days. Eligible applicants must file a timely Form I-765 renewal application during the 18-month period after publication of this TFR.

 

This 360-day increase will be available to applicants whose employment authorization may have lapsed following the initial 180-day extension period, and any eligible applicant who files a renewal Form I-765 during the 18-month period beginning on or after May 4, 2022, and ending October 26, 2023.

 

It is important to note that certain EAD holders including those in H4, E, and L2 status, for instance, are still limited to an automatic extension only until their existing I-94 expires.

 

This automatic extension will end upon a final decision on the EAD renewal application, or up to 540 days after the expiration date on the applicant’s expired EAD card, whichever comes earlier. It is recommended that even with this rule, EAD applications should be filed as far in advance as possible.

 

Please contact your Graham Adair attorney with any case specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.

Categories News & Updates USCIS

USCIS Expands Premium Processing Services

In an effort to increase efficiency and reduce burdens to the overall legal immigration system, USCIS has announced three new actions intended to reduce backlogs, expand Premium Processing Services and provide timely access to Employment Authorization Documents (EADs).

 

Reducing Backlogs: To reduce backlogs, USCIS has established new internal cycle time goals. These goals are internal metrics and affect how long it takes the agency to process cases. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS plans to achieve these new goals by the end of FY 2023. The new cycle time goals can be accessed here- https://www.uscis.gov/forms/filing-guidance.

 

Expansion of Premium Processing Service: USCIS intends to begin gradually implementing premium processing availability to include Form I-539, Form I-765 and additional classifications under Form I-140 in fiscal year 2022. First, USCIS plans to begin this phased implementation process by expanding premium processing eligibility to Form I-140 filers requesting EB-1 immigrant classification as a multinational executive or manager, EB-2 classification as a member of the professions with advanced degrees, and those with exceptional ability seeking a national interest waiver. A specific timeline has not yet been announced. We will provide updates on timing as they become available.

 

Access to EADs: USCIS had recently extended validity periods of certain EADs by providing an automatic 180-day extension. Now it aims to build on this progress to ensure certain individuals will not lose their work authorization status while their applications are pending. More updates on the EAD adjudication process will be released by USCIS in the coming days. We will monitor progress and provide updates.

 

Please contact your Graham Adair attorney with any case specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.

Categories News & Updates

Final Rule Reverts H-1B “Specialty Occupation” to Previous USCIS Standard

On October 8, 2020, the Department of Homeland Security issued an Interim Final Rule (IFR) titled “Strengthening the H-1B Non-Immigrant Visa Classification Program”. The IFR previously revised and narrowed the regulatory definition of and raised the standards for “specialty occupation” for H-1B nonimmigrant visa applicants.

On December 1, 2020, the U.S. District Court for the Northern District of California issued a judgment that blocked the implementation and enforcement of the IFR. In compliance with the vacatur, USCIS has vacated the IFR and restored the previous definition of and standard for the “specialty occupation” requirement.

Under the IFR, H-1B applicants were required to obtain a bachelor’s degree in the exact field related to their position. For example, under the rule, employers seeking software engineers would not be allowed to hire applicants with an information technology degree. Nor would they be allowed to use experience or a combination of experience and education as a bachelor’s degree equivalency. Now that the IFR has been vacated, applicants can satisfy “specialty occupation” by obtaining a bachelor’s degree in a field relevant to their profession, or a work experience equivalency.

If you have any questions, please contact your Graham Adair attorney.

Categories News & Updates USCIS

USCIS To Suspend Biometrics Requirements for Certain I-539 Applicants

From May 17, 2021, USCIS will suspend the biometrics requirements for the H-4, L-2, E-1, E-2 and E-3 categories of Form I-539 applications. The suspension will be for at least 2 years. USCIS will retain the discretion to require biometrics on a case-by-case basis.

The suspension will apply if: 1) the application is pending as of May 17, 2021 and a biometrics appointment notice has not been received; or 2) the application is received by USCIS between May 17, 2021 and the expiration date of the suspension.

USCIS has expressed an intention to eliminate the current backlog and to significantly reduce delays in processing times for these applications. The proposal came in a declaration from USCIS Service Center Operation Directorate Associate Director Connie L. Nolan in the pending federal case Edakunni v. Mayorkas.

If you have any questions, please contact your Graham Adair attorney.